Overview
Building on State Conservation District land in East Hawaiʻi — even along the scenic Hāmākua Coast — is possible, but it's heavily regulated.
While this guide focuses on the Hāmākua Coast, the overall process and requirements are very similar across the rest of Hawaiʻi.
This is just a summary of the key steps and considerations — there’s a lot more detail behind each part of the process.
If you'd like a deeper breakdown or want to explore options for a specific property, feel free to contact me.
1. State vs. County Jurisdiction
- State Conservation Land: Managed by the DLNR’s Office of Conservation and Coastal Lands (OCCL).
- County Role: Even after State approval, County permits are needed for building codes, wastewater systems, and possibly shoreline-related permits.
Key Point: The State controls what can be built; the County controls how it’s built.
2. Conservation Subzones (and Why They Matter)
Hawaiʻi Conservation District land is divided into five subzones:
| Subzone | Development Outlook | Notes |
|---|---|---|
| Protective | Extremely restricted | Fragile ecosystems, no new homes |
| Limited | Very restricted | Possible if replacing old use |
| Resource | Possible, case-by-case | Sustainable uses, farming, one home may be allowed |
| General | Most flexible | Homebuilding more feasible (still needs permit) |
| Special | Highly customized | Based on unique site designation |
Important: Even in Resource or General subzones, nothing is automatic — everything needs DLNR approval.
3. Hāmākua Coast Specific Challenges
- Steep Terrain: May require expensive engineering to address erosion and stability.
- Scenic and Cultural Sensitivity: Sites near gulches and beaches are scrutinized for visual impact.
- Infrastructure: Parcels often lack utilities; off-grid setups (solar, catchment, septic) are typical.
- Environmental Protections: You may be required to do biological or archaeological studies.
4. Basic Steps to Build
Summary Process:
- Confirm Subzone: Use State GIS maps or request OCCL confirmation.
- Environmental Assessment (EA): Hire consultants for environmental, cultural, archaeological studies.
- Submit a Conservation District Use Application (CDUA): Proposal to DLNR for review.
- DLNR Approval: Board of Land and Natural Resources (BLNR) decision.
- Obtain County Permits: Building, wastewater, grading, shoreline if needed.
5. Timelines
| Stage | Typical Duration |
|---|---|
| Environmental Assessment | 6–12 months |
| DLNR/CDUA Review | 6–9 months |
| County Permits | 2–6 months |
➔ Total: Roughly 18–24 months before construction can start (if everything goes smoothly).
6. Estimated Planning Costs
| Item | Estimated Cost |
|---|---|
| Environmental Assessment & Studies | $20,000–$50,000 |
| CDUA Filing Fees | $250–$2,500 |
| Architect / Consultant Fees | $10,000–$30,000 |
| County Permitting Fees | $5,000–$10,000 |
➔ Rough Total: $35,000–$90,000 before any building begins.
7. Special Notes
- Second Homes: Conservation zoning usually allows only one residence per parcel. Adding a second home later would be extremely difficult.
- Short-Term Rentals: Vacation rentals (Airbnb, etc.) are not allowed without a separate and rarely granted permit.
- Home Design: Must be modest, blend into the environment, and minimize land disturbance.
- Timeline Enforcement: DLNR permits usually have strict time limits to start and complete work. Delays can cause permits to lapse.
8. Real-World Examples
Here are a few real cases that show what can happen when building (or not building) on Conservation land:
- ✅ Approved:
Goehring Residence – Kolekole Beach Park Area (Honomū, Hāmākua Coast)
A single-family home was approved after a thorough Environmental Assessment and a design that blended into the natural landscape.
➔ Read More - ❌ Fined:
Silva Property – Unauthorized Expansion (East Hawaiʻi)
A property owner expanded a house without DLNR approval and was fined $85,000 after enforcement action.
➔ Read More - ❌ Denied:
Gapp Property – Illegal Activities and Subdivision (Puna)
Unauthorized grading and an illegal subdivision attempt led to enforcement fines and a denial of further land use.
➔ Read More - ❌ Fined:
South Kona Vacation Rental – Unauthorized Short-Term Rental
An unpermitted vacation rental operation in Conservation land resulted in significant fines for the homeowner.
➔ Read More
Conclusion
Building on Conservation land along the Hāmākua Coast is possible, but it requires a major commitment to time, cost, and environmental stewardship.
It’s a great fit for buyers who are patient, flexible, and serious about protecting the land — but it’s not a quick or guaranteed process.
As a realtor, setting these expectations early helps buyers make fully informed decisions.
Reference Sources
- Hawai‘i Administrative Rules Title 13, Chapter 5 (Conservation District Rules)
- DLNR Office of Conservation and Coastal Lands (OCCL)
- Hawai‘i County Planning Department
- State Land Use Commission (LUC) Land Use Maps
- Hawai‘i Environmental Review Program (Environmental Assessments and Notices)
- Public BLNR Decision Meetings and Enforcement Cases (Big Island)
- Hāmākua Coast Community Development Plan
- Hawai‘i GIS Open Data Portal (Conservation Subzones Layer)
If you are interested in the full 13 page analysis, you can find it here.
